ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue
("Department") against Respondents for a violation of the Video Game Machines Act, S.C. Code
Ann. § 12-21-2804(A) (Supp. 1997). On December 12, 1996, Respondents were cited for having
more than five licenses acquired pursuant to S.C. Code Ann. 12-21-2720(A)(3) (Supp. 1997)
(referred to as "Class III" machines) at a single place or premise, in violation of § 12-21-2804(A) and
27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). A Department determination was issued sustaining
the imposition of the violation. The determination sought revocation of Respondent Quick Foods,
Inc. five (5) Class III machine licenses, that no licenses will be allowed for use in the location for
a period of six (6) months from the date of revocation and a $5,000.00 monetary penalty against each
Respondent.
Prior to the hearing on this matter scheduled for August 20, 1998, the parties worked out an
agreement resolving the matter. That agreement is incorporated into this Order. The agreement
between the parties is as follows:
1. Respondents admit that on December 12, 1996, at the time of the inspection, there
were no employees on the premises of Ace High, Room G, 1301 Hwy 17 N. North Myrtle Beach,
South Carolina.
2. Respondents further agree not to operate or allow the operations of any Class III
machines in the premises of Ace High, Room G, depicted in the shaded area on the attached diagram
for a period of six months beginning 10 days following the entry of this Order. Nothing herein shall
prohibit the operation of Class III licensed machines in any other area on the attached diagram in
accordance with the S.C. Video Game Machines Act and applicable regulations.
3. Respondents further agree to remit to the Department a monetary penalty in the
amount of $1000.00 no later than 5:00 p.m. on September 2, 1998.
4. In consideration of the above, the Department agrees to waive the remaining monetary
penalties sought for this violation as to each Respondent.
5. The licenses attached to the Class III machines in this location on the date of the
violation expired on May 31, 1998 and thus need not be surrendered.
6. All parties understand and agree that the terms as set forth above constitute the full
and final resolution of this matter.
I find the above settlement to be fair and equitable, approve such settlement, and hereby
ORDER its adoption. This Court retains continuing jurisdiction to enforce this Order. As the parties
no longer require a hearing on this matter, I also ORDER this matter dismissed with prejudice.
IT IS SO ORDERED.
_______________________________________
Honorable Stephen P. Bates
Administrative Law Judge
August 19, 1998
Columbia, South Carolina
WE SO CONSENT:
_____________________________________
Nicholas P. Sipe
Attorney for Petitioner
_____________________________________
James M. Griffin
Attorney for Respondents
(Note: Please see file for diagram attachment)
|
